HomeMy WebLinkAboutRFP - P996 DOWNTOWN RIVER DISTRICT IMPROVEMENT PROJECTCity of Fort Collins
REQUEST FOR PROPOSAL
P996
Downtown River District Improvement Project
The City of Fort Collins and the Downtown Development Authority (DDA) are requesting
proposals from a consulting firm or team to address the tasks necessary to provide the City
and DDA with a conceptual design for the Downtown River District Improvement Project.
Written proposals, seven (7) will be received at the City of Fort Collins' Purchasing Division,
215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received
before 3:00 p.m. (our clock), August 31, 2005. Proposal No. P996. If delivered, they are to be
sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address
is P.O. Box 580, Fort Collins, 80522-0580.
All questions concerning the scope of the project should be directed to Project Manager,
Kathleen Bracke, (970) 224-6140 kbracke(cDfcgov.com .
Questions regarding proposals submittal or process should be directed to John D. Stephen,
CPPO, CPPB, Senior Buyer (970) 221-6777.
A copy of the Proposal may be obtained as follows:
Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fc-gov.com/bso/login.4sp
2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request
a copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall
have a financial interest in the sale to the City of any real or personal property, equipment,
material, supplies or services where such officer or employee exercises directly or indirectly
any decision -making authority concerning such sale or any supervisory authority over the
services to be rendered. This rule also applies to subcontracts with the City. Soliciting or
accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from
any person who has or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal
assures that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincer
/'_ n James B. O'Neill II, CPPO, FNIGP
-� 59 Director of Purchasing & Risk Management
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and Local Government Solutions Group, are not parties to this agreement. However, the
rates listed for services to be provided by these subcontractors shall be the rates paid by
the City to the Professional for these services. If the amount charged by these
subcontractors exceeds the rates listed in Exhibit "C", consisting of two (2) pages, the
excess amount shall not be paid or owed by the City. The limitation on increases in
prices set forth in section 4 herein shall apply to all rates listed in Exhibit "a' including
subcontractor rates. Monthly partial payments based upon the Professional's billings
and itemized statements are permissible. The amounts of all such partial payments
shall be based upon the Professional's City -verified progress in completing the services
to be performed pursuant hereto and upon the City's approval of the Professional's
actual reimbursable expenses. Final payment shall be made following acceptance of the
work by the City. Upon final payment, all designs, plans, reports, specifications,
drawings, and other services rendered by the Professional shall become the sole
property of the City.
7. City Representative. The City will designate, prior to commencement of
work, its project representative who shall make, within the scope of his or her authority,
all necessary and proper decisions with reference to the project. All requests for
contract interpretations, change orders, and other clarification or instruction shall be
directed to the City Representative.
8. Project Drawings. Upon conclusion of the project and before final
payment, the Professional shall provide the City with reproducible drawings of the
project containing accurate information on the project as constructed. Drawings shall be
of archival quality, prepared on stable mylar base material using a non -fading process to
prove for long storage and high quality reproduction.
9. Monthly Report. Commencing thirty (30) days after the date of execution
of this Agreement and every thirty (30) days thereafter, Professional is required to
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provide the City Representative with a written report of the status of the work with
respect to the Scope of Services, Work Schedule, and other material information.
Failure to provide any required monthly report may, at the option of the City, suspend the
processing of any partial payment request.
10. Independent Contractor. The services to be performed by Professional
are those of an independent contractor and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Professional's
compensation hereunder for the payment of FICA, Workers' Compensation, other taxes
or benefits or for any other purpose.
11. Personal Services. It is understood that the City enters into this
Agreement based on the special abilities of the Professional and that this Agreement
shall be considered as an agreement for personal services. Accordingly, the
Professional shall neither assign any responsibilities nor delegate any duties arising
under this Agreement without the prior written consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in
any way relieve the Professional of responsibility for the quality or technical accuracy of
the work. The City's approval or acceptance of, or payment for, any of the services shall
not be construed to operate as a waiver of any rights or benefits provided to the City
under this Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be
a material element of this Agreement. In the event either party should fail or refuse to
perform according to the terms of this agreement, such party may be declared in default.
14, Remedies. In the event a party has been declared in default, such
defaulting party shall be allowed a period of ten (10) days within which to cure said
default. In the event the default remains uncorrected, the party declaring default may
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elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as
continuing and require specific performance; or (c) avail himself of any other remedy at
law or equity. If the non -defaulting party commences legal or equitable actions against
the defaulting party, the defaulting party shall be liable to the non -defaulting party for the
non -defaulting party's reasonable attorney fees and costs incurred because of the
default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes
the entire agreement between the parties and shall be binding upon said parties, their
officers, employees, agents and assigns and shall inure to the benefit of the respective
survivors, heirs, personal representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event
any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision of this Agreement.
5
THE CITY OF FORT COLLINS, COLORADO
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
HDR Engineering Inc.
By:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
/ast*41111
Corporate Secretary
(Corporate Seal)
6
EXHIBIT "A"
Downtown Development Authority
DOWNTOWN RIVER DISTRICT
IMPROVEMENT PROJECT
Fort Collins Project Number: P996
Attachment A - Scope of Services
City of Fort Collins Project Manager: Kathleen Bracke, AICP
Downtown Development Authority Project Manager: Chip Steiner, PE
HDR Project Manager: John Seyer, PE, PTOE
Introduction:
The City of Fort Collins and the Downtown Development Authority (DDA) have
jointly procured the Downtown River District Improvement Project to address the
lack of sufficient public infrastructure to support infill development and
redevelopment of the Downtown River Corridor. The Downtown River Corridor is
generally bounded by the Cache la Poudre River on the north, N. College Avenue on
the west, Jefferson Street on the south, and Lincoln Avenue on the east. This
contract will address the first phase of the Downtown River District Improvement
Project, including the development of preliminary design drawings and cost
estimates of needed transportation and utility improvements throughout the project
area. The project area includes:
➢ Jefferson Street, from N. College Avenue to Lincoln Avenue
➢ Willow Street, from the Union Pacific Railroad (UPRR) tracks to Lincoln
Avenue
➢ Linden Street, from Jefferson Street to the south end of the bridge over the
Poudre River (excluding the bridge)
➢ Lincoln Avenue, from Jefferson Street to the north end of the bridge over the
Poudre River (including the bridge)
Page 1
Description of Work Tasks
Task 1.0: Project Management and Administration
The purpose of this task will be to provide project direction and control for the
Project. The HDR project manager will be responsible for development of the
Project Guide, team coordination, quality control, document submittal, progress
reporting, and overall project performance. Individual tasks associated with project
management and administration will include:
➢ Project kick-off meeting with City and DDA staff
➢ Preparation of the Project Guide
➢ Regular project progress meetings with City and DDA staff
➢ Administration of HDR's Quality Assurance/Quality Control Program
➢ Preparation of monthly progress reports
Deliverables:
➢ Delivery Plan, including the Project Guide
➢ Monthly progress reports
Task 2.0: Stakeholder Coordination and Public Involvement
The purpose of this task will be to garner public involvement and support for the
project and appropriately involve representatives from various affected agencies
and the community.
Coordination of project design will occur at three levels:
➢ Core Project Team
➢ Primary Stakeholders
➢ Secondary Stakeholders
The Core Project Team will consist of the project managers from the City of Fort
Collins Transportation Planning and the DDA, key staff liaisons (Engineering,
Advance Planning, Natural Resources, Utilities and Storm Water, Traffic, etc.), and
the HDR team. This team will initiate all design considerations and task execution,
providing approval of draft deliverables before presentation to the Primary
Stakeholders and Secondary Stakeholders. This team will meet once per month
throughout the life of the Project.
The Primary Stakeholders will include individual property and business owners
within and adjacent to the project area. This team will be selected early in the
process to streamline communications between itself and the Core Project Team.
Through the public meeting schedule described in this scope, the Core Project Team
will present concepts and other deliverables to this team to obtain input and
feedback.
The Secondary Stakeholders will include key boards and commissions (Landmark
Preservation Commission, Natural Resources Advisory Board, Transportation Board,
Planning and Zoning Board), the Downtown Development Authority (DDA) and
Downtown Business Association (DBA), Chamber of Commerce, City Council, the
Colorado Department of Transportation, the Union Pacific Railroad, Environmental
Page 2
Protection Agency (EPA) and the general public. These stakeholders will be invited
to provide comment through submittal documents and their presence will be
requested at the public meetings. The boards and commissions, DDA, DBA, and
City Council may also request that the Core Project Team present project progress
at various stages throughout the design process, in accordance with the conditions
described in Tasks 2.1, 2.2, and 2.3.
Deliverables:
➢ Public and Stakeholder Involvement Plan
➢ Summary of comments and common ideas/key themes received at each
public and stakeholder meeting
2.1 — Initial Public Meetings
The purpose of these meetings will be to gather information that will assist with the
development of the conceptual alternatives. HDR and representatives from the
Core Project Team will conduct meetings with individual property and business
owners to gather specific information about each of their sites and/or the project in
general. This effort will begin as an open house, "Town Hall," format where these
property and business owners will be the only invited attendees. In addition to the
Town Hall meeting, HDR will reserve one full day for those property and business
owners who wish to have a one-on-one meeting with the Core Project Team. These
meetings would occur at City offices or on -site at the various businesses/properties
and would be held by appointment only.
After the Primary Stakeholders meetings have occurred, a public open house for the
general public and other secondary stakeholders will take place. The open house
will occur within two weeks of the conclusion of the Primary Stakeholder meetings.
It is likely that the identified boards and commissions, the DDA and DBA and City
Council could request that the Core Project Team present project progress at one of
their meetings. HDR anticipates that up to two (2) such meetings could occur
following the initial public meetings. Additionally, individual meetings will be
conducted with CDOT and the UPRR to discuss any proposed impacts and/or
changes to their facilities within the project area. If additional meetings are
necessary, they will be attended by Core Project Team (City & DDA)
representatives. HDR's attendance at such meetings could also be requested. The
quantity of these meetings will be limited to four (4) throughout the project.
HDR will provide presentation materials for these meetings, including the Inventory
Map, with the base mapping and aerial photography provided by the City, and the
Opportunities and Constraints Map (described in Task 3.2). HDR will also provide
comment cards to record public comments.
It is anticipated that the City and the DDA will be responsible for advertising the
one-on-one meetings and public open house, as well as reserving space for each
meeting. HDR will assist in the development of the information that would be
included in the advertising. HDR will also assist the City to incorporate this
information on the City's website.
Following the public open house, HDR will arrange a Core Project Team meeting to
evaluate the information received.
Page 3
Deliverables:
➢ Public Comment Report (including a summary of actual comments received
as well as common ideas/key themes)
2.2 — Public Presentation of Conceptual Alternatives
The purpose of these meetings will be to present the conceptual alternatives and
gather public input. The approach to dissemination of this information and
gathering public input will be the same as in Task 2.1, where HDR will conduct the
Town Hall meeting with individual property and business owners, followed by one
day of reserved time for additional one-on-one meetings with those property and
business owners that request it. If additional meeting days/times are needed, they
will be conducted by Core Project Team (City & DDA) representatives.
After the Primary Stakeholders meetings have occurred, a public open house for the
general public and other secondary stakeholders will take place. The open house
will occur within two weeks of the conclusion of the Primary Stakeholder meetings.
It is likely that the identified boards and commissions, the DDA and DBA and City
Council could request that the Core Project Team present project progress at one of
their meetings. HDR anticipates that up to two (2) such meetings could occur
following the initial public meetings. If additional meetings are necessary, they will
be attended by Core Project Team (City & DDA) representatives.
HDR will provide presentation materials for these meetings, including the
Conceptual Alternatives, Right -of -Way Maps, and Opinions of Probable Construction
Costs (described in Task 3.4). HDR will also provide comment cards to record
public comments.
It is anticipated that the City and the DDA will be responsible for advertising the
one-on-one meetings and public open house, as well as reserving space for each
meeting. HDR will assist in the development of the information that would be
included in the advertising. HDR will also assist the City to incorporate this
information on the City's website.
Following the public open house, HDR will arrange a Core Project Team meeting to
evaluate the information received.
Deliverables:
➢ Public Comment Report (including a summary of actual comments received
as well as common ideas/key themes)
2.3 — Public Presentation of Preliminary Design Plans
The purpose of these meetings will be to present the preferred alternative using a
similar approach to the previous two public involvement efforts. HDR and the Core
Project Team will conduct the Town Hall meeting with individual property and
business owners, followed by one day of additional one-on-one meetings with those
property and business owners that request it.
After the Primary Stakeholders meetings have occurred, a public open house for the
general public and other secondary stakeholders will take place. The open house
will occur within two weeks of the conclusion of the Primary Stakeholder meetings.
It is likely that the identified boards and commissions, the DDA and DBA and City
Page 4
Council could request that the Core Project Team present project progress at one of
their meetings. HDR anticipates that up to two (2) such meetings could occur
following the initial public meetings. If additional meetings are necessary, they will
be attended by Core Project Team (City & DDA) representatives.
HDR will provide presentation materials for these meetings, including the Preferred
Alternative, Preliminary -Level Cost Estimate, and preliminary -level prioritization of
the proposed improvements (described in Task 4.2). HDR will also provide
comment cards to record public comments.
It is anticipated that the City and the DDA will be responsible for advertising the
one-on-one meetings and public open house, as well as reserving space for each
meeting. HDR will assist in the development of the information that would be
included in the advertising. HDR will also assist the City to incorporate this
information on the City's website.
Following the public open house, HDR will arrange a Core Project Team meeting to
evaluate the information received.
Deliverables:
➢ Public Comment Report (including a summary of actual comments received
as well as common ideas/key themes)
Meetings: In summary, this scope identifies the following public meetings:
➢ Three (3) Town Hall meetings with Primary Stakeholders
➢ Three (3) "by appointment" meetings with Primary Stakeholders
➢ Three (3) open house meetings for the general public
➢ Ten (10) meetings with various Secondary Stakeholders. If additional
meetings are necessary, they will be attended by Core Project Team (City &
DDA) representatives.
Task 3.0: Conceptual Design
The purpose of this task will be to select a preferred design alternative from a list of
identified conceptual alternatives.
3.1 — Project Base Mapping and Data Collection
Based on information provided in the Request for Proposal, it is anticipated that the
City will be responsible for providing project base mapping information and
collecting most of the data that will be necessary to perform the conceptual
alternatives analyses. This information includes:
➢ Survey data (full topography, roadway limits, existing right-of-way
boundaries)
➢ Aerial mapping (note: aerial mapping is from May 2002)
➢ Existing and future -year daily traffic volumes and existing intersection
turning movement counts
➢ Recent crash data
➢ Existing water, waste water, and storm water infrastructure
➢ Future water, waste water, and stormwater pipe sizes and layout
Page 5
➢ Historic and cultural property survey information
➢ Ecological and environmental assessment data
➢ Storm drainage modeling output
➢ Condition of Lincoln Avenue bridge over the Cache la Poudre River
HDR will augment the project base mapping and collected data with:
➢ Photo analysis of the project area
➢ Summary of pertinent information gathered from the list of reference plans
as identified in the RFP (i.e. the Downtown River Corridor Implementation
Program, City Plan, Downtown Plan, Downtown Strategic Plan, Land Use
Code RDR District, Poudre River Land Use Framework Plan, Phase I
Environmental Site Assessment Fort Collins Brownfields Program Downtown
River Corridor, Cache La Poudre River Natural Areas Management Plan,
Action Plan for Sustainability Master Street Plan, SH14 Access Plan, and
Larimer County Urban Area Street Standards)
➢ Base mapping of third -party utilities (Qwest, Xcel, etc.) as available
HDR will work with the City's staff to ensure that all survey data needs are met.
Once the survey data, aerial mapping, existing utilities and storm water data, and
historic property survey information has been obtained from the City and HDR has
performed the photo analysis, HDR will assemble an Inventory Map that depicts this
data and present it to the Core Project Team for review and comment. The intent
of this effort will be to resolve any issues concerning existing infrastructure and
rights -of -way information presented in this map. One of the regularly scheduled
project progress meetings will be used to discuss any comments.
Deliverables:
➢ Inventory Map
➢ Photo Analysis
3.2 — Site Analysis
With the base mapping in place and with input from the Core Project Team, HDR
will evaluate and identify opportunities and constraints that may impact design
solutions. These items will be graphically depicted over the aerial mapping to aid in
communicating to the public and soliciting their comment.
Deliverables:
➢ Opportunities and Constraints Map
➢ Natural Habitats and Features Impact Letter
3.3 — Transportation and Parking Study
HDR will perform a transportation study to assess the safety and capacity needs of
traffic within the project area. This information will be used to evaluate the impacts
that each conceptual alternative will have on traffic and parking.
HDR will utilize the provided existing and future -year traffic volumes and recent
crash data to perform the transportation study. Traffic analyses will be performed
using the Highway Capacity Manual methodologies and the Synch ro/Si mTraffic
software suite. Levels of service criteria for vehicular traffic, pedestrians, bicycle
Page 6
REQUEST FOR PROPOSAL
P996
City of Fort Collins & Downtown Development Authority
DOWNTOWN RIVER DISTRICT IMPROVEMENT PROJECT
The City of Fort Collins and the Downtown Development Authority (DDA) are requesting
proposals from a consulting firm or team to address the tasks necessary to provide the City
and DDA with a conceptual design for the Downtown River District Improvement Project.
The successful firm/team will address all of the tasks, issues, and products identified in their
proposal, possess the requisite skills necessary to complete the project on time and within the
established budget, and be motivated to work with staff, citizens, and governing bodies to
accomplish the goals and objectives associated with this project.
The budget for this project is sufficient to cover the costs to perform the tasks necessary to
complete this project. Tasks include, but are not limited to, those outlined in the attached
preliminary Scope of Work. Cost will be an important element in selecting the successful
firm/team to be awarded a contract through this Request For Proposals (RFP) process.
A pre -proposal meeting will be held August 22, 2005 at 10 a.m. , 215 N. Mason, north end, in
the Community Room.
Proposals are due at the City of Fort Collins Purchasing Department at 3:00 p.m. (our clock) on
August 31, 2005. Oral Interviews/presentations for the top three firms/teams are expected to
be held the week of September 12, 2005 with work beginning on or around October 1, 2005.
PHASE 1
I. Introduction
The City of Fort Collins (City) and the Downtown Development Authority (DDA) are seeking
professional consulting services to design the Downtown River District Improvement Project —
Phase 1. This project is jointly funded by the DDA and the City.
The DDA and the City's Transportation, Advance Planning, Natural Resources, and Utility
departments have jointly initiated this project to address the lack of sufficient public
infrastructure to support infill development and redevelopment in the Downtown River Corridor
area.
This first phase of the Downtown River District Improvement project includes detailed
design/preliminary engineering and cost estimating of needed transportation and utility
improvements for the area including Jefferson, Willow, Lincoln and Linden streets.
The ultimate goal of the Downtown River District Improvement Project is to move forward with
the implementation of the recommended improvements based on the various planning projects
and studies completed for this area over recent years. Most of the implementation, including
construction of the identified infrastructure improvements, will be accomplished in the future by
private development and/or redevelopment projects within the district.
traffic, and transit service will be taken from the latest edition of the Larimer
County Urban Area Street Standards (LCUASS). Recommendations will be made
that would result in acceptable levels of service for each mode of travel. The
findings and conclusions of this study will be incorporated into the Transportation
and Parking Study report.
HDR will also perform a parking study to evaluate the potential for overall parking
demand throughout the project area. The basis for this study will be the parking
analysis findings and conclusions from the Downtown Strategic Plan; this will also
include the applicable Principles from the Downtown Strategic Plan. HDR will
supplement this data with an analysis of current zoning of the project area and
current City standards to determine the total number of parking spaces that would
be needed within the project area. The findings and conclusions of this study will
be incorporated into the Transportation and Parking Study report.
Deliverables:
➢ Transportation and Parking Study Report
3.4 — Conceptual Alternatives Analysis
HDR will prepare up to three conceptual alternatives to begin the initial Framework
Plan concepts, including visioning and infrastructure capacity and safety needs. All
design work will be performed utilizing AutoCAD 2004. These alternatives will
consist of roadway features, including typical sections, vehicular and bicycle travel
lane characteristics, on -street parking orientation, and intersection traffic control;
streetscape design concepts, including theme development, key feature areas,
building setbacks, sidewalks, street crossings, locations for public art,
environmental stewardship, and landscape concepts; and utilities and storm water
infrastructure (to be provided by the City). Additionally, hand -drawn sketches will
be prepared to help illustrate concepts. These alternatives will also include design
standards that integrate infrastructure needs with the unique character of this
historic and environmentally sensitive area. These alternatives will be developed by
the Core Project Team and be presented to the Primary and Secondary
Stakeholders, in accordance with the procedures identified in Task 2.2.
The HDR team will also prepare plan view sketches and perspective sketches of
proposed design solutions for urban design components.
Deliverables:
➢ Conceptual Alternatives
➢ Right -of -Way Maps
➢ Opinion of Probable Construction Costs
3.5 — Preferred Alternative
After the public meetings described in Task 2.2, the Core Project Team will
convene. The primary purpose of this meeting will be to evaluate the public and
agency input to select a preferred alternative. The preferred alternative will be
carried forward into preliminary design.
Page 7
Task 4.0: Preliminary Design
The purpose of this task will be to refine the preferred alternative into a preliminary
design set that can later be taken to final design.
4.1 — Geotechnical Study
An analysis of subsurface conditions will be performed in accordance with the
LCUASS. The primary output from this analysis will be the anticipated road. section,
including excavation requirements, subsurface conditions, base course material and
thickness, and wearing surface thickness. A geotechnical study report will be
developed that will convey the analysis and findings.
Deliverables:
➢ Geotechnical Study Report
4.2 — Preliminary Design Plans
Preliminary design plans will be developed for the preferred alternative. Preliminary
design will include: development of typical sections, horizontal geometry, vertical
centerline geometry, and conceptual horizontal layout of curb, gutter, sidewalks,
and property accesses. A traffic control plan will also be prepared, identifying
signing and striping as well as intersection traffic control requirements. During this
design process, HDR will closely coordinate with City staff regarding the City's
utilities and storm water design. Other key components of the preliminary design
will include:
➢ Strategies for alternative transportation (pedestrian plan, bicycle plan, transit
routes)
➢ Strategies for parking plan (taken from City`s downtown parking study)
➢ Develop a "Kit of Parts" for urban and streetscape design (plaza areas,
pedestrian amenities and site furnishings)
➢ Develop environmental stewardship alternatives where feasible
➢ Preliminary landscape and irrigation plans
➢ Preliminary grading standards for streetscapes, addressing issues such as
cross pitch, ADA accessibility, ramps and drainage inlets
These preliminary design elements will delineate the limits of construction, which
will be used to identify future right-of-way, easement locations, and future right-of-
way acquisitions. A tabulation of quantities will also be established.
The preliminary design plans will not include cross sections or grading plans.
Ten (10) copies of the preliminary design package will be submitted to the Core
Project Team, who will distribute the plans to appropriate City departments
(Engineering, Traffic Operations, Utilities and Storm Water, etc.).
Comments received from City reviews will be incorporated into the Preliminary
Design Plans, which will be presented to the Core Project Team. After this meeting
with the Core Project Team, the Preliminary Design Plans will be presented to the
Primary and Secondary Stakeholders, in accordance with the procedures identified
in Task 2.3.
Page 8
Deliverables:
➢ Ten (10) copies of the Preliminary Design Plans, including plan and profile
sheets, streetscape and landscape design, and tabulation of quantities.
4.3 — Preliminary -Level Cost Estimate
Based on the preliminary design plans, the cost estimate that was developed during
the conceptual design phase will be refined to reflect the preliminary design. This
will be included in the preliminary design package that will be submitted to the Core
Project Team.
Deliverables:
➢ Ten (10) copies of the Preliminary -Level Cost Estimate
4.4 — Framework Plan
After the public meetings described in Task 2.3, the Core Project Team will
convene. The primary purpose of this meeting will be to evaluate the public and
agency input and finalize the Preliminary Design Plans, which will be refined into
the Framework Plan. This document will include all final deliverables of the Project.
Deliverables:
➢ Framework Plan (plan and profile sheets, streetscape design plans, itemized
and prioritized list of proposed improvements, preliminary -level cost
estimate)
Deliverables
All deliverables listed in this Scope of Services will be provided to the City of Fort
Collins in accordance with Item 8. of the Professional Services Agreement. In Item
8.1 it is stated that a hard copy of the drawings will be provided to the City on a
stable mylar base and an electronic copy of the drawings will be provided on a CD.
Additionally, all applicable electronic non -CAD files will be provided to the City in
Microsoft Word, Excel, or PowerPoint. If necessary, the deliverable format for any
document that does not match either of these noted formats will be discussed with
the City's Project Manager as the need arises.
Page 9
ADDITIONAL SERVICES
The tasks outlined in this section of this Scope of Services have been identified in
case they become necessary as the project Progresses and issues are identified.
HDR will not perform work on these tasks, nor will HDR bill the City and the DDA for
these tasks, without a defined scope and fee estimate and written authorization
from the ON and the DDA to perform these tasks.
Task A.1: Utilities and Storm Water Infrastructure Design
The City of Fort Collins intends to provide their funding match for this project by
providing services in -kind. These services include the utilities and storm water
modeling, pipe sizing, and pipe layout for future water, waste water, and
stormwater system. After completion of Task 3, it is anticipated the City will
contract with HDR to develop preliminary plan and profile sheets for future water,
waste water, and stormwater design.
Task A.2: Development of Specific Architectural and Urban Design
Standards
After completion of preliminary design, the team may find a need to create specific
urban design standards and/or architectural design standards to be available for
applicants desiring to redevelop in the district. These services may be provided as
an additional service, if desired.
Task A.3: Non -Invasive Detection of Subsurface Archaeological Resources
Given the historic nature of the project area, there is potential for subsurface
archaeological resources within the envelope of any conceptual alternative. If it is
deemed necessary, HDR will work with the City to perform a non-invasive detection
for such resources. The method of detection could include a ground -penetrating
radar survey.
Page 10
Downtown River District Improvements Project
F YN T R T T "R " Schedule
wi asrc rvame Duration Start Finish I Ma�21___, ! SeQtember 1 December 11 March 21 July,1 October 11 Janua 21
_- — ..___ _ .�.-.._ -- _ _._ iy. _�_
-- .... W2 8114 ,j __11/6 ..1/29 4/23 7/16 ; 1%8 12/31 _ 3,
1 - Pre -Design - - - 37 hays Mon 10/3/05 Tue 11/22/05 _1 1
2 - Project Initiation 20 days Mon 10/3/05 Fri 10/28/05
3 Kickoff Meeting 1 day Tue 11/22/05 Tue 11/22/05 ;.
4 Assemble Public/Stakeholder Involvement Plan 10 days Mon 10/31/05 Fri 11/11/05 -
5
6 . Conceptual Design 155 days Mon 11/28/05 Fri 6/30/06
7 Coordinate with City Design Team 155 days Mon 11/2a/05 Fri 6/30/06.
8 Prepare Project Base Mapping, Site Analysis 25 days Mon 11/2a/05 Fri 12/30/05 -
9 Traffic and Parking Study 40 days Mon 11/28/05 Fri 1/20/06 i
10 Initial Public Meetings 10 days Mon 1/23/06 Fit 2/3/06 1
11 Establish Design Criteria 20 days Mon 1/23/66 - Fri 2/17/06 i
12 Prepare Corridor Design Alternatives 80 days Mon 2/20/06 Fri 6/9/06 -
13 Public Presentation of Corridor Design Alternatives 5 days Mon 6/12106 Fri 6/16/06'
14 Select Preferred Alternative _ 10 days Mon 6/19/06 Fri 6/30/06 Q
16 Preliminary Design 150 days Mon 7/10/06 Fri 212/07 I
17 Coordinate with City Design Team 150 days Mon 7/10/06 Fri 2/2/07 .
18 , Geotechnical Investigation 15 days Mon 7/10/06 Fri 7/28/06 ,!
19 Prepare Preliminary Design Plans 90 days Mon 7/31/06 Fri 12/1/06
20 Refine Cost Esimate and Outline Specifications 10 daysMon 1214/06 Fri 12/15106'
21 - City Departmental Reviews 20 days Mon 12/18/06 Fri 1/12/07:
?2 Public Presentation of Preliminary Design 5 days Mon 1/15/07 Fri 1/19/07 i
23 Assemble and Submit Framework Plan 10 days Mon 1/22/07 Fri 2/2/07
Exhibit "C"
DOWNTOWN RIVER DISTRICT IMPROVEMENT PROJECT
Billing Rates and Expenses
HDR
aIC 4.3 rcl7 W&
'�VA
Princi al -In -Char e
191.00
A/ C Reviewer
131.00
Project Manager
106.00
Project Engineer I
119.00
Project Engineer II
94.00
CAD Technician
70.00
Project Controller
74.00
S` c u'Ia t
BHA
Princi al_ A/ C
135.00
Project Manager
100.00
Senior Engineer
85.00
,Landscape Architect
65.00
Clerical
75.00
Urban
Nei hborho d
President
200.00
Cedar Creek Assgg1gtqs
[Specialized Technical Permitting, Consulting
70.00
Technician
45.00
EnginelELnq
.Earth
Senior Project Engineer PE
110.00
Project Engineer PE
95.00
Field En ineer
75.00
Level III Engineering Technician
60.00
Level II Engineering Technician
$ 50.00
Level I Engineering Technician
40.00
Local Government Sol tons Grou
Management Consultant
125.00
Item
Unit
Unit Cost
Technology Charge (HDR Only)
Hour
4.10
Reproductions
Copies - Slack & White
Each
0.12
Color Plots
Each
2.50
Mileacle
Mile
0.485
Meals
Each
Mailing & Freight
Each
Courier Service
Each
Miscellaneous Drilling (borings, traffic control, lab testing, etc.)
Each
Potholing
Each
LE
* At Actual Reasonable Cost (no mark-up)
No Text
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , [insert either a corporation, a partnership or an individual,
doing business as 1, hereinafter referred to as "Professional'.
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of ( ) page[s],
and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of ( ) page[s], and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than . Time is of the
essence. Any extensions of the time limit set forth above must be agreed upon in writing by
the parties hereto.
4. Early Termination by City. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to
the termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
Professional:
City:
With Copy to:
J
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination, subject only to the satisfactory performance
of the Professional's obligations under this Agreement. Such payment shall be the
Professional's sole right and remedy for such termination. )
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City; and for
the City's costs and reasonable attorneys fees, arising directly or indirectly out of the
Professional's negligent performance of any of the services furnished under this Agreement.
The Professional shall maintain commercial general liability insurance in the amount of
$500,000 combined single limits, and errors and omissions insurance in the amount of
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of the
services to be performed pursuant to this Agreement, the City agrees to pay Professional a
fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and
costs shall not exceed ($ ). Monthly partial payments based upon the
Professional's billings and itemized statements are permissible. The amounts of all such
partial payments shall be based upon the Professional's City -verified progress in completing
the services to be performed pursuant hereto and upon the City's approval of the Professional's
actual reimbursable expenses. Final payment shall be made following acceptance of the work
by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the City.
6. Compensation. [Option 1] In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates:
3
Reimbursable direct costs:
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed ($ ). Monthly partial payments based upon the Professional's billings and
itemized statements of reimbursable direct costs are permissible. The amounts of all such
partial payments shall be based upon the Professional's City -verified progress in completing
the services to be performed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the work by
the City. Upon final payment, all designs, plans, reports, specifications, drawings and other
services rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work,
its project representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City Representative,
8. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing
accurate information on the project as constructed. Drawings shall be of archival, prepared on
stable mylar base material using a non -fading process to provide for long storage and high
quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in
and AutoCAD version no older then the established city standard.
The transportation and utility improvements that come about through this project will help this
area achieve the visions and goals set forth by the previous City Plan, Downtown River
Corridor Implementation Program, and Downtown Strategic Plan efforts completed over the
last several years.
It is particularly important for this project to design the improvements so that this district
becomes a more attractive activity area. Pedestrian safety, connectivity, and comfort needs to
be enhanced, as well as parking availability increased, and traffic circulation improved within
this district. The design must also address important transportation and utility linkages between
this district, downtown, and the surrounding areas. Special attention will be made to a
streetscape that reinforces the pedestrian orientation of buildings and reflects the history of the
area.
This Downtown River District Improvement project will determine and design improvements to
support existing conditions as well as provide a framework for future development within this
important area of Downtown Fort Collins. This project specifically addresses many of the high
priority projects listed in the Downtown River Corridor Implementation Program report:
1. Linden, Willow, and Lincoln Streetscape Improvements (1st priority)
2. Linden/Jefferson intersection project. (1st priority)
3. Lincoln Avenue Bridge — part of streetscape improvements (1st priority)
4. Jefferson/Riverside Streetscape Improvements, portion along Jefferson only (15t
priority)
5. Linden/Willow Urban Design Features (2"d priority)
6. Gateway Features (3`d priority)
H. Proposed Tasks for Phase 1 — Downtown River District Improvement Project
The following is an outline of a general scope of work. The consultant firm/team should expand
the description of each of the tasks listed below. Additional tasks that the consultant firm/team
determines necessary to assure a good product should be added to this list.
♦ Document/compile existing conditions for the project area. City to provide survey
information, aerial mapping, existing traffic counts and future traffic projections as well
as recent accident data, stormwater and other City utility information, historic property
survey information, and other data/informational sources.
♦ Using the Downtown River Corridor Implementation Program and other recent
applicable projects such as City Plan and the Downtown Strategic Plan as a guide,
develop detailed engineering drawings and cost estimates for the streetscape/roadways
and utility improvements throughout this district.
♦ Utility planning and design will be completed in-house by the City of Fort Collins
Utility Service Area. The successful consulting team is required to coordinate closely
with the Fort Collins Utility design staff and include their findings and designs into the
overall report, plans, and cost estimates. Storm drainage modeling will be provided by
the City of Fort Collins Utility Service Area staff and provided to the consultant
firm/team.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
10. Independent Contractor. The services to be performed by Professional are
those of an independent contractor and not of an employee of the City of Fort Collins. The City
shall not be responsible for withholding any portion of Professional's compensation hereunder
for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
11. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered
as an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any
way relieve the Professional of responsibility for the quality or technical accuracy of the work.
The City's approval or acceptance of, or payment for, any of the services shall not be
construed to operate as a waiver of any rights or benefits provided to the City under this
Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting
party commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney
fees and costs incurred because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
17. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit "_", consisting of
( ) page[s], attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name]
Doing business as [insert name of business]
By:
Title:
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
Corporate Secretary
(Corporate Seal)
♦ Design will need to address specific street widths, alignment, location, grade, surface
treatment, on -street & off-street parking, streetscape/landscape, and lighting features,
plus resolve railroad, drainage, utility, natural features, and environmental issues. The
improvements need to address all modes of transportation. Conduct street design,
drainage, environmental, and geotechnical analysis for evaluation of improvement
options, including coordination with the EPA brownfields project that is currently in
progress.
♦ Intersection plans are needed to determine extent of improvements for
Jefferson/Linden, Jefferson/Lincoln, Willow/Linden, and Willow/Lincoln.
♦ Design of the preferred option(s) should address interim and ultimate levels of
improvements and include detailed cost estimates and a recommended phasing
process as well as potential funding strategies for construction.
♦ Continue to offer an extensive public involvement process, including potentially
affected interests such as the property and business owners within the project area,
multiple City departments, City's Transportation Board and Planning & Zoning Board
(others as appropriate), City Council, Downtown Development Authority, Downtown
Business Association, Colorado Department of Transportation, railroad companies, and
private utility companies.
III. Project Timeline
This design/preliminary engineering phase of the project is planned to begin in Fall 2005 and
be completed by Spring 2007.
Following the completion of the design phase for this project, the DDA, City, and other project
partners will make these design/engineering documents available to other public and private
interests in order to help them proceed with their development projects, including construction
of the infrastructure improvements. Construction of the infrastructure improvements will be
completed in conjunction with the timing of development/redevelopment projects within the
Downtown River District.
IV. Product
The product of this proposed project will be an agreed upon "blue print" report to assist future
public and private improvements and development in the Downtown River District. This
design/engineering project will bring all of the various infrastructure needs together into a
package that is workable and alleviates the uncertainties associated older areas of the
community. In addition to the street and utility design drawings, products would include:
♦ Transportation/parking analysis and transportation impact study for all modes
♦ Streetscape/Landscape plan
♦ Drainage report
♦ Pavement design and geotechnical report
♦ Utility locates including potholing where precise locates are needed
♦ Utility coordination and design approvals by all utility service providers
V. Reference Plans & Policies:
1. City of Fort Collins "Downtown River Corridor Implementation Program" (2000)
2. City of Fort Collins "City Plan", (1997, to be updated in 2003/04)
3. City of Fort Collins "Master Street Plan" (2003)
4. City of Fort Collins & CDOT "Jefferson Street/Riverside Avenue (SH14) Access
Management Plan", (2000)
5. The new "Larimer County Urban Area Street Standards'; (2001).
6. City of Fort Collins "Multimodal Transportation Level of Service Criteria' (1997)
7. City of Fort Collins "Pedestrian Plan" (1996) and"Bicycle Program Plan" (1995)
8. North Front Range Transportation & Air Quality Planning Council and CDOT
"Transportation Alternatives Feasibility Study", (1999)
9. City of Fort Collins "Brownfields Study" (2001)
10. City of Fort Collins "North College Avenue Improvement Project— Phase 1", (completed
2004)
11. City of Fort Collins "Downtown Plan", "Downtown Strategic Plan", &"Parking Plan"
(updated 2004)
VI. Consultant Selection Process & Proiect Schedule
♦ RFP Submittal— August 31, 2005
♦ Selection of a short list of 2-5 qualified consulting firms/teams — September 2, 2005
♦ Conduct Interviews — week of September 12, 2005
♦ Select & Notify Consultant — September 19, 2005
♦ Project Begins — October 2005
♦ Project Completed — March 2007
♦ Right -of -Way Acquisition & Construction of Phase I Improvements— schedule for this
phase of the project depends upon future funding commitments and will be
addressed through a future bid process and is not included in this RFP.
VII. Contact Information
Project Co -Managers:
Kathleen Bracke
Senior Transportation Planner
City of Fort Collins' Transportation Planning
Office
215 N. Mason Street
Fort Collins, Colorado 80522-0580
Phone (970) 224-6140
Fax (970) 221-6239
E-mail: kbracke(a)fcgov.com
Chip Steiner
Executive Director
Downtown Development Authority
19 Old Town Square, Suite 230
Fort Collins, Colorado 80524
Phone (970) 484-2020
E-mail: steinco(Wrii.com
Vill. Review and Assessment
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
QUALIFICATION
STANDARD
FACTOR
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from the project?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
1.0
Availability
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
Are other qualified personnel available to assist in
meeting the project schedule if required? Is the
project team available to attend meetings as
required by the Scope of Work?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
2.0
Cost and
Do the proposed cost and work hours compare
Work Hours
favorably with the project Manager's estimate? Are
the work hours presented reasonable for the effort
required in each project task or phase?
2.0
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
Reference evaluation (Top Ranked Firm)
The project Manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by
and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City" and HDR Engineering Inc., hereinafter referred to as
"Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is
agreed by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of ten
(10) pages, and incorporated herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto
as Exhibit "B", consisting of one (1) page, and incorporated herein by this reference.
3. Early Termination by City. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing
written notice of termination to the Professional. Such notice shall be delivered at least
fifteen (15) days prior to the termination date contained in said notice unless otherwise
agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
1
Professional:
City:
With Copy to:
HDR Engineering Inc.
City of Fort Collins
City of Fort Collins
19 Old Town Square
Transportation Planning
Purchasing
Suite 242
P.O. Box 580
P.O. Box 580
Ft. Collins, CO 80524-2463
Ft. Collins, CO 80522
Ft. Collins, CO 80522
Attn: John Seyer PE
Attn: Kathleen Bracke
Attn: John Stephen
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination, subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment shall
be the Professional's sole right and remedy for such termination.
4. Design, Project Indemnity and Insurance Responsibility. The
Professional shall be responsible for the professional quality, technical accuracy, timely
completion and the coordination of all services rendered by the Professional, including
but not limited to designs, plans, reports, specifications, and drawings and shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other
deficiencies. The Professional shall indemnify, save and hold harmless the City, its
officers and employees in accordance with Colorado law, from all damages whatsoever
claimed by third parties against the City; and for the City's costs and reasonable
attorneys fees, arising directly* or indirectly out of the Professional's negligent
performance of any of the services furnished under this Agreement. The Professional
shall maintain commercial general liability insurance in the amount of $500,000
combined single limits, and errors and omissions insurance in the amount of $1,000,000.
6. Compensation. In consideration of the services to be performed pursuant
to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Two
Hundred Thousand Dollars ($188,182.00) plus reimbursable direct costs. All such fees
and costs shall not exceed Two Hundred Thousand Dollars ($200,000.00). The parties
acknowledge that BHA Design, Cedar Creek Assoc., Earth Engineering, Dana Crawford
2